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Trademarks: Pay now to save later

May 31st, 2019
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If you have a trademark registered in Canada or if getting one is on your to do list, now might be the time to act because, after June 17, 2019, you may end up having to pay more!

Major changes are coming into effect on June 17 and, depending on your situation, these changes may result in increased costs for filing trademark applications or renewing existing registrations. As of June 17, trademark owners will need to classify their goods and services in accordance with the Nice Classification system, and the Canadian Intellectual Property Office (“CIPO”) will charge a fee per class (there are 45 classes of goods and services) when a trademark is renewed or applied for. 

Renewals: 

Currently, the CIPO renewal fee is $350 regardless of the number of classes of goods and services. With the new regime, this fee will increase to $400 for the first class and $125 for each additional class (and the renewal term will be 10 years instead of the current 15 years). If your existing registration covers multiple classes, you may want to renew it now, even if the mark is not due for renewal for several years. 

If you want to renew early, keep in mind that the renewal request needs to be processed  by CIPO (not simply requested) before the new regime applies. CIPO will shut down its electronic system on June 13, so you need to act quickly.

New applications: 

Currently, there is a flat governmental fee of $450 per application, irrespective of the number of classes of goods and services. After June 17, CIPO will impose a fee per class of goods and services: $330 for the first class and $100 per additional class. If you were planning to apply for a new trademark, now might be the time to do it.

If you have any questions, please do not hesitate to contact Mrs Cindy Bélanger, Trademark Agent.

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